|
|
|
Sunday, July 15th, 2012 #1366 |
Palm Beach Post Staff Writer
A federal judge who blasted state and federal regulators two years ago for failing to enforce anti-pollution laws in the Everglades as given his blessing to the agencies to move forward with an $880 million clean-up that would jump-start delayed projects and possibly resolve 20 years of costly lawsuits.
In a plainly-worded, three-page order, U.S. District Judge Alan S. Gold on Wednesday agreed to allow the U.S. Environmental Protection Agency to approve permits for a suite of projects that would lower the levels of phosphorus pollution that flows into the Everglades.
The proposed projects are the by-product of 18-months of closed-door negotiations between the parties in a 2004 federal lawsuit, known as the Gold Case, and a separate federal lawsuit filed in 1988, which alleges similar failures in restoration efforts. Longtime foes from the agriculture industry, environmental groups, Native American tribes and state and federal agencies began the settlement negotiations in early 2011 after newly-elected Governor Rick Scott hired two, top-dollar veteran peacemakers to referee the private talks.
"This is a landmark agreement," said Christopher Kise, who served as special counsel on the transition teams of both former Gov. Charlie Crist and Scott. "Whether it will end all the lawsuits, I don't know yet but it does appear Gov. Scott's directive to focus on restoration, not litigation, may now be implemented."
Scott's other top negotiator, Parker Thomson, who helped broker the state's $11.3 billion settlement with the tobacco industry in 1997, said Gold's blessing means the permitting process can proceed. As for whether it will end the case, "I just can't predict. It would be not just stupid but unwise on my part."
EarthJustice attorney David Guest, who has represented environmental groups in Everglades lawsuits for nearly 30 years, said Gold's ruling may not end the lawsuits immediately, "but it's certainly going to pause them."
Attorneys for the Miccosukee Tribe, which filed the lawsuit, did not return calls for comment on Thursday. However, in a court brief filed on July 9, Bernardo Roman III, the tribe's attorney, expressed concerns about the plan.
"The Miccosukee Tribe finds the State's plan is ambitious and thus a step in the right direction," Roman wrote. "However, it is yet to be seen if the parties will fulfill their obligations rather than stall actions to reach compliance."
Friends of the Everglades, which joined the Tribe's lawsuit, expressed similar concerns.
"Our two main concerns are enforceability and funding," said Albert Slap, general counsel for Friends, who said the the group is taking a "trust but verify," approach to Gold's order. "The thing most likely to happen is there is a hiatus period, wait and see. There is skepticism."
The case before Gold began in 2004, when the tribe sued the EPA for failing to enforce the Clean Water Act. Friends later joined the lawsuit. In 2008, Gold ruled in favor of the Tribe and Friends and ordered the EPA and the Florida Department of Environmental Protection to enforce water quality standards, including limits on phosphorus pollution.
After the EPA failed to act, the Tribe and Friends asked Gold to find the agency in contempt. In April 2010 Gold lashed out in a scathing 48-page order, accusing the EPA, DEP and South Florida Water Management District of deliberately ignoring and refusing to enforce laws limiting phosphorus discharged into the Everglades. Gold ordered the EPA to devise a process to monitor and enforce compliance of water quality laws. The ruling also forced the EPA to require the DEP to re-write the permits it had issued to the district for discharging phosphorus into the Everglades.
In June 2011 the EPA rejected the DEP's revised permits. Finally, after months of negotiations and extended deadlines, the EPA accepted the revised permits on June 13, 2012. The proposed plan calls for adding two stormwater treatment areas and flow-equalization basins, which would ensure a constant flow of water to treatment areas. In addition, the plan sets a completion date for Everglades restoration at 2025 - nearly 20 years beyond the original 2006 deadline.
In response, Gold set a hearing on July 18 in his courtroom in Miami and ordered all parties to submit briefs on the proposed plan. But on Wednesday, Gold cancelled the hearing and issued his order supporting the EPA's intention to issue permits that will set the new plan in motion.
The case is not over. Appeals could be filed and there will be a public hearing July 25 on the proposed plan. Even if there are no appeals or complaints from the public and the permits are issued, the case won't be over for Friends, Slap said
"Nobody has moved to dismiss case," Slap said. "We are going to wait and see how this plays out."
The Issue: Will a new Everglades restoration plan negotiated by stakeholders comply with water quality laws and court orders? The Players: - The Miccosukee Tribe filed a lawsuit in 2004 accusing the EPA of failing to enforce the Clean Water Act for waters discharged into the Everglades. - Friends of the Everglades, an advocacy group founded by Everglades activist Marjorie Stoneman Douglas, joined in the lawsuit. - The U.S. Environmental Protection Agency is responsible for enforcing Clean Water Act. - The Florida Department of Environmental Protection issues water quality permits on behalf of the EPA. - The South Florida Water Management District oversees restoration projects in a 16-county region. |
 |
River of Peace Mark Renz photo
|
|
FPL's nuke cooling plan clears hurdle
Miami Herald - by Curtis Morgan FPL intends to use wells tapping Biscayne Bay as a back-up supply of cooling water for its proposed addition of two new nuclear reactors at Turkey Point Over the objections of Biscayne National Park managers and environmentalists, water managers on Thursday signed off on Florida Power & Light's plan to drill a network of coastal wells designed to tap Biscayne Bay as a back-up system for cooling two new nuclear reactors proposed for Turkey Point. FPL intends to use some 90 million gallons a day of treated wastewater from Miami-Dade County as the primary source of cooling water for its controversial $12 billion to $18 billion expansion project at the sprawling plant, which sits along south Biscayne Bay a few miles from the park headquarters. But the utility also wants to drill a series of "radial wells'' - named because they include up to a dozen shafts radiating out 900 feet from a central well, a design evoking bicycle spokes - that would be capable of drawing up to 125 million gallons a day of water through the porous limestone beneath the bay. A report by the South Florida Water Management District noted "some concerns" the wells could potentially turn already too-salty coastal waters saltier, compromise Everglades restoration projects to restore fresh water flows to the bay and worsen salt-water intrusion that has already marched inland in South Miami-Dade and threatened drinking water supplies. But the district's analysis, based on computer modeling supplied by FPL, also recommended approval of the wells - under the condition that the utility operate them no more than the "equivalent of 60 days" over a 12-month period and monitor impacts on sea grass. The proposal faces several more hurdles before final state approval. Mark Lewis, superintendent of Biscayne National Park, urged the district's governing board to postpone the vote, saying the district had not consulted with park scientists as it had in past studies of Turkey Point's impacts on surrounding shallow waters, which are thick with sea grass beds and mangroves that serve as nurseries for an array of marine life. According to FPL's computer modeling, 97 percent of the water collected by the wells would be salty bay water but Lewis called that work "suspect," saying the geologic zone where sea water meets the Biscayne Aquifer, source of much of Miami-Dade's drinking water, is not well understood. FPL and water managers, for instance, are still working to assess the role Turkey Point's existing cooling canal system has played in pushing salty water inland. "We're betting the bank that the modeling works when all of our scientists say the modeling isn't designed for this and isn't really good in this region," Lewis said. Environmentalists echoed Lewis, saying the complicated report on a well system untested in South Florida's porous limestone geology had been available for only a week. They also called a proposed monitoring plan toothless because it included no specific measures for FPL to scale back the wells or pursue another back-up source, such as the deep Floridan aquifer, if the wells prove more damaging than modeling predicts. "The question is who is on the hook to deal with the impacts," said Kahlil Kettering, a Biscayne Bay analyst for the National Parks Conservation Association. Laura Reynolds, executive director of the Tropical Audubon Society, questioned whether the wells were intended solely as a back-up, saying the 60-day language would potentially allow continuous low-level operation in a bay starved for freshwater. Peter Robbins, a spokesman for FPL, said the wells were "absolutely a back-up system'' and the utility preferred to treated wastewater over salt water but needed the short-term back-up because of potential uncertainties over the quality or quantity of wastewater. He downplayed potential impacts to the Biscayne Aquifer, saying the modeling was "tremendously conservative'' and based on a scenario using wells as a full-time supply rather than the 60-day limit FPL has agreed to.. Juan Portuondo, a Miami businessman who serves on the governing board, said both FPL and the county had vested interests in making treated sewage work. Under state law, Miami-Dade has to find a way to reuse some 117 million gallons a day of sewage by 2025 that it now pumps up out to the Atlantic, he said. "It's the best solution for both.'' Board members briefly discussed postponing the vote but unanimously approved it after hearing the agency faced a Monday deadline for filing recommendations to the Florida Department of Environmental Protection. Other agencies, including Miami-Dade County, which also has questioned the wells, will file similar recommendations. An administrative judge is expected to issue a recommendation sometime next year. Final approval will go to Gov. Rick Scott and the Florida Cabinet. FPL hopes to secure its license from federal regulators for the two new reactors by June 2014. If the utility goes ahead with the project, the new reactors would be scheduled to go online in 2022 and 2023 |
 | |
Not everyone who's alone is lonely Mark Renz photo
|
|
Florida seeks big chunk of BP fines to boost restoration of Everglades
NewsOK.com (MCT Information Services) - by William E. Gibson WASHINGTON - Everglades restoration backers are aiming to get a big piece of the billions of dollars of fines that oil giant BP is expected to pay for polluting the Gulf of Mexico and disrupting Florida's delicate ecology during the Deepwater Horizon spill of 2010. BP's fines are expected to range from $5 billion to $21 billion, and most of the money would go toward restoring the marshes, fishing industry and oil-damaged businesses and resources along the Gulf Coast. But environmental leaders estimate that hundreds of millions of dollars may be devoted to ecological projects all the way down to South Florida. They're not just dreaming. Last month, Congress passed a bill that will steer 80 percent of any fine money to Florida and other Gulf Coast states. And while the Florida Legislature passed a law last year that says 75 percent of the state's share must be devoted to the oil-damaged counties along its northwest coast, the rest can be spent on ecological restoration elsewhere. Interior Secretary Ken Salazar told the South Florida Ecosystem Restoration Task Force last month that the BP money would provide significant funding for conservation and that he considers the Everglades "a great example for the work that we do for conservation and for jobs." Big deal for Gulf's ecology Salazar's encouraging words and the tantalizing prospect of a giant pot of restoration money prompted environmentalists to start drawing up proposals designed to buffer the coast from future oil spills and to clean and store water that now rushes out to sea. These proposals will focus on Florida's west coast but affect the entire Everglades watershed and potentially free up other federal and state money for projects in southern and central Florida. The pie is potentially so huge that even a small slice would make a major impact on the re-plumbing work in the Everglades. "This is really the largest source of funding for ecological restoration in the history of the world," said David White of St. Petersburg, director of the Gulf restoration campaign for the National Wildlife Federation. "This is a big deal for the ecology for the Gulf of Mexico and by extension the Everglades system, which is part of that ecology." BP and its contractors are trying to settle a federal-court case in New Orleans accusing them of violating the Oil Pollution Act - which is guided by standards set by the Clean Water Act - when the Deepwater Horizon rig exploded in April 2010 and spewed nearly 5 million barrels of oil into the Gulf. Fines under the law would amount to $1,300 per barrel if the companies are guilty of simple negligence - or $4,300 per barrel if they are guilty of gross negligence. Environmentalists say a national commission co-chaired by former Florida U.S. Sen. Bob Graham that investigated the disaster essentially established gross negligence, prompting them to think the total fines will reach as high as $21 billion. A sweeping transportation bill passed by Congress on June 29 included legislation known as The Restore Act, which says 80 percent of BP's eventual fine payments must go to the five Gulf states - Florida, Alabama, Mississippi, Louisiana and Texas - most affected by the spill. The Restore Act also established a formula for distributing the money: * Pot One: 35 percent - as much as $7.35 billion - to be divided equally among the Gulf states, or 7 percent (nearly $1.5 billion) for each. The 2011 Florida law says 75 percent of the state's share of this pot - $1.1 billion - must go to eight hard-hit Gulf counties, and 25 percent can go to the rest, about $367 million. * Pot Two: 30 percent - up to $6.3 billion - to be distributed by a federal-state ecosystem restoration council comprised of six federal members and five state members. * Pot Three: 30 percent to pay for state proposals for environmental restoration and economic recovery work. These plans must be approved by the federal-state council. * Pot Four: 5 percent - more than $1 billion - to ecosystem monitoring and fisheries work administered by the National Oceanic and Atmospheric Administration and scientific Centers of Excellence in each Gulf state. Money for South or Central Florida projects potentially could come from any of these pots. The council is expected to give priority to plans that promise lasting protection for the Gulf and coastline against future spills.
|
South Florida Ecosystem Restoration Task Force
Integrated Calendar
Task Force, Working Group (WG), & Science Coordination Group (SCG)
Biscayne Bay Regional Restoration Coordination Team (BBRRCT)
Central Everglades Planning Project (CEPP)
CEPP Project Delivery Team (PDT)
South Florida Water Management District (SFWMD) Governing Board (GB)
Water Resources Advisory Commission (WRAC)
|
|

The Everglades Coalition is an alliance of 57 local, state and national conservation and environmental organizations dedicated to full restoration of the Greater Everglades Ecosystem.Its conference is the largest annual forum for Everglades conservation and restoration, bringing together the Coalition's allied organizations with local, state and federal partners.
|
 |
Anybody can be a great speaker. But few can be a great listener. Boat-tailed grackle -- Mark Renz photo
|
|

Sea Level Rise Could Be Worse than We Think
Climate Central
A new analysis released July 12 in the journal Science implies that the seas could rise dramatically higher over the next few centuries than scientists previously thought-somewhere between 18-to-29 feet above current levels, rather than the 13-to-20 feet...
|
Keynote by Cynthia Barnett
An award-winning journalist reports on the many ways one of the most water-rich nations on the planet has squandered its way to scarcity, and argues the best solution is also the simplest and least expensive: a water ethic for America.
Reporting from across the country and around the globe, Barnett shows how people, businesses, and governments have come together to dramatically reduce water use and reverse the water crisis.
|

Audubon Calls for Stronger Lake Okeechobee Protections
The fight to clean up excessive nutrients that are killing Lake Okeechobee continues with Audubon's science-based recommendations for controlling pollution sources. With the Lake Okeechobee Protection Plan under a three-year review, Audubon is pushing a list of actions to meet water quality goals. Warning that excessive amounts of phosphorus cause toxic algae blooms and dead zones, which endanger fish, wildlife and human drinking water supplies, our scientists have also demonstrated approaches to reducing pollution. Audubon submitted extensive comments for eliminating the disposal of human waste in the watershed and reducing farm fertilizers that were headlined in a major news coverage article.
Northern Everglades and Estuaries Protection Program (NEEPP)
The Office of Ecosystem Projects Program Coordination and Regulation is the lead office responsible for implementation of the Department of Environmental Protection's responsibilities under the NEEPP, pursuant to Chapter 373.4595 of the Florida Statutes (F.S.).
Background
In May 2007, the Florida Legislature passed the NEEPP, which expanded the existing Lake Okeechobee Protection Act (LOPA) to include the Caloosahatchee and the St. Lucie Rivers and Estuaries. The primary goal of the legislation is to restore and to protect the state's surface-water resources by addressing water quality, quantity, timing, and distribution of water to the natural system. .....
|
 |
Palmettos in the wind For this shot, I photographed the reflection of saw palmettos in the Peace River with the wind blowing, then turned the image upside down. -- Mark Renz
|
|
Climate Change Ups Odds Of Heat Waves, Drought
Reporting in the Bulletin of the American Meteorological Society, researchers write that extreme heat waves, such as the one last year in Texas, are 20 times more likely today than they were in the 1960s. NOAA climatologist Tom Peterson discusses what future climate change may bring. |
Report nuisance alligators
Alligator attacks are rare, but they occur; from 1948 to 2011, there were 335 recorded unprovoked alligator attacks (an average of 5.3 a year) and 22 fatalities in Florida. Anyone who encounters a nuisance alligator (one that is at least 4 feet long and a threat to humans, pets or property) should call the state's nuisance alligator hot line: 866-FWC-GATOR (866-392-4286).
|
Locks Closed On Lake Okeechobee
Falling Lake Levels Require Closure of Lake Okeechobee Locks OKEECHOBEE, FL-The navigation locks along the north shore of Lake Okeechobee will be closed beginning Monday due to lake levels declining below 12 feet NGVD.
The following locks will close:
* S-135 at J&S Fish Camp, Martin County
* S-127 at Buckhead Ridge, Glades County
* S-131 at Lakeport, Glades County
* G-36 at Henry Creek, Okeechobee County
While the navigation locks are out of operation, boaters will continue to have access to Lake Okeechobee from its north shore at local boat ramps. The locks will be available for boat traffic on July 14 and 15, but will close starting Monday, July 16 until the lake sufficiently rises for safe navigation.
Continued high evapotranspiration rates have resulted in Lake Okeechobee dropping to 11.97 feet NGVD. Despite recent rainfall, the lake is 1.6 feet below the historical average for this time of year. The short-term forecast does not call for significant rain to adequately boost lake levels over the next week.
Boaters should also note the status of other navigation locks in the area:
* The S-193 Lock, located on Taylor Creek on the north shore of Lake Okeechobee, is closed due to ongoing renovation work to refurbish the lock and ensure decades of reliable service.
* The S-310 navigation lock on the south shore at Clewiston is currently secured in the open position.
* Navigation locks operated by the U.S. Army Corps of Engineers, which includes locks in the Caloosahatchee River and St. Lucie Canal, are also impacted by declining water levels. Information on those navigation locks is available by calling the Corps' South Florida Operations Office at 863-983-8101.
For a guide to recreation sites on Lake Okeechobee, including boat ramps and public parks, please visit the District's website at www.sfwmd.gov/recreation. For more information, please call the SFWMD Okeechobee Service Center at 863-462-5260, or the Orlando Service Center at 407-858-6100.
|
 | |
Under Mom's wing Tri-colored heron chick -- Mark Renz photo
|
|
Lee County favors plan to help Caloosahatchee River
Written byKevin Lollar- news-press
While some environmental organizations spoke against a possible plan to help the Caloosahatchee River on Thursday at the South Florida Water Management District meeting in Okeechobee and estuary, Lee County came out in favor of the plan.
At issue is how much fresh water should be released from Lake Okeechobee down the river during dry periods - too little fresh water in the river causes various environmental problems, including die-offs of tape grass, an important part of the river's ecosystem.
Water district staff explained a plan to the district's Governing Board that would pump water from south of the lake back into the lake and then release some of that water down the Caloosahatchee.
The plan would be a temporary solution because it would only last until methods are implemented to store water for the Caloosahatchee, such as the C-43 reservoir, which will store 55 billion gallons of water just south of the Caloosahatchee in Hendry County.
Environmental groups said that this "water supply augmentation," also known as back-pumping, would increase nutrients, and therefore algal blooms, in the lake, would decrease dissolved oxygen in the lake and would reduce water going to water conservation areas, stormwater treatment areas and Everglades National Park south of the lake.
Dan Delisi, Southwest Florida's representative on the district's Governing Board, said the board should not dismiss the idea simply because back-pumping in the past caused environmental problems in the lake.
Speaking for Lee County, Kurt Harclerode, operations manager for the county's Division of Natural Resources, said the district should implement the plan and that the various groups must make trade-offs...
After lengthy public comment, the Governing Board decided to take the issue up again in its August meeting.
|
|
. |
 |
Beauty is where you find it Six spotted fishing spider(Dolomedes triton)
|
|
www.calusablueway.com The third phase of the Great Calusa Blueway is open. The trail, now 190 miles long, encompasses three distinct regions of the Gulf of Mexico coast off Lee County. |
|
Support Eco-Voice
We need your financial support to keep going. Please make a donation today. Checks can be sent to: Post Office Box 50161 Fort Myers, FL 33994
Eco-Voice, Inc. has 501c3 status. |
|
 Promote Your Event
You too can promote your organization's upcoming event - complete with a link to your web site - for seven days, by sponsoring the Daily Digest with a donation of $25. Send your message, dates you want it to run, and logo to sponsorship@Eco-Voice.org. |
|
|
|
|
|
Sincerely,
Eco-Voice Moderator Eco-Voice, Inc.
|
|
Eco-voice, Inc. is an independent, volunteer-run organization and provides this website as a public service. The opinions of those posting on this site are not necessarily those of the site managers or their sponsors. License to solicit: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES By CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.'' REGISTRATION# CH31394. " |
|
|
|
|
|
|
| Post Online |
To post to the website: Email suggestions for posts to ecovoicemoderator@msn.com . Add dates and specific locations to your messages if appropriate, and they will display on the site map and calendar. If posting media material please include link to the original publication.
| | at Eco-Voice.org |
|
|